As used in this article, the following terms
shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled “garage sale,” “lawn
sale,” “attic sale,” “rummage sale,”
“flea market sale” or any similar casual sale of tangible
personal property which is advertised by any means whereby the public
at large is or can be made aware of said sale.
GOODS
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
It shall be unlawful for any person to conduct
a garage sale in the Borough of Lavallette without first filing with
the Borough Clerk the information hereinafter specified and obtaining
from such Clerk a license so to do, to be known as a “garage
sale license.” The fee for such license shall be $8 except on
the date of the Borough-Wide Garage Sale Day. The Borough Council
shall annually, by resolution, establish a date for a Borough-Wide
Garage Sale Day. The fee for a license on the date of the Borough-Wide
Garage Sale Day shall be $10.
The information to be filed with the Borough
Clerk, pursuant to this article, shall be as follows:
A. Name of person, firm, group, corporation, association
or organization conducting said sale.
B. Name of owner of the property on which said sale is
to be conducted and consent of owner if applicant is other than owner.
C. Location at which sale is to be conducted.
E. Date and nature of any past sale.
F. Relationship or connection applicant may have had
with any other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
G. Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
H. Sworn statement of affirmation by the person signing
that the information therein given is full, true and known to him/her
to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
The provisions of this article shall not apply
to or affect the following persons or sales:
A. Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and
duties as public officials.
C. Any person selling or advertising for sale an item
or items or personal property which is specifically named or described
in the advertisement and which separate items do not exceed five in
number.
D. Any publisher of a newspaper, magazine, other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this article have not
been complied with.
E. Any sale conducted by any merchant or other business
establishment in a place of business wherein such sale would be permitted
by the zoning regulations of the Borough of Lavallette or under the protection of the nonconforming use section
thereof, or any sale conducted by a manufacturer, dealer or vendor,
which sale would be conducted from properly zoned premises and would
not otherwise be prohibited in the Borough ordinances.
F. Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the four-day limitation, fixed by §
50-11 hereof, upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.